( 1 ) BY this appeal the appellants above-named before us have impugned the Judgment and order passed by the learned additional District Judge, 3rd Court at Barasat in O. S. No. 12 of 1995 whereby and whereunder the probate to the last Will and testament of late Binoy Krishna Pramanik has been granted. The short fact of the case which has given rise to this probate proceedings is stated hereunder.

( 2 ) THE testator, one Binoy Krishna Pramanik, since deceased, before his death that took place on 12th November, 1988, is said to have executed his last Will and testament dated 13th July, 1988 and the same was registered on the same date. The applicant viz. the first respondent Prabir Pramanik was appointed as executor along with his mother Smt. Kamala Pramanik. It is alleged that because of inaction on the part of Kamala Pramanik, Prabir Pramanik applied for grant. It appears from the affidavit-of-assets that the testator has left a considerable properties which consists of house building and landed property. It is stated that the said Will was duly lawfully executed and attested and thereafter registered by the testator out of his own volition. Written statement